|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 03, 2018||referred to transportation|
|Mar 07, 2017||referred to transportation|
senate Bill S5078
Archive: Last Bill Status - In Senate Committee Transportation Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5078 (ACTIVE) - Details
S5078 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5078 TITLE OF BILL : An act to amend the highway law, in relation to state liability for defects in highways PURPOSE : This bill expands the state's liability for defects in state highways, to provide a limited level of liability for damages suffered by individuals outside of the first day of May and the fifteenth day of November. SUMMARY OF PROVISIONS : Section 1: amends section 58 of the state highway law to expand the states liability for defects in state highways, to provide limited a level of liability for damages suffered by individuals outside of the first day of May and the fifteenth day of November. Section 2: sets the effective date. JUSTIFICATION : Under current law, individuals who suffer damages due to defects in state highways may pursue these damages only if the incident occurred within the first day of May to November 15, regardless of how
S5078 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5078 2017-2018 Regular Sessions I N S E N A T E March 7, 2017 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the highway law, in relation to state liability for defects in highways THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 58 of the highway law, as amended by chapter 1110 of the laws of 1971, is amended to read as follows: § 58. Liability of state for damages. The state shall [not] be liable for damages suffered by any person from defects in state highways[, except] MAINTAINED BY THE STATE UNDER SUCH SYSTEM AS THE COMMISSIONER OF TRANSPORTATION MAY ADOPT PURSUANT TO SECTION TWELVE OF THIS CHAPTER (1) between the first day of May and the fifteenth day of November [on such highways as are maintained by the state under such system as the commis- sioner of transportation may adopt pursuant to section twelve, but the] AND (2) BETWEEN THE SIXTEENTH DAY OF NOVEMBER AND THE THIRTIETH DAY OF APRIL FOR DEFECTS FOR WHICH IT HAS BEEN GIVEN ACTUAL OR CONSTRUCTIVE NOTICE. THE liability for such damages shall otherwise remain as now provided by law, notwithstanding the construction or improvement and maintenance of such highways by the state under this chapter; but noth- ing herein contained shall be construed to impose on the state any liability for defects in bridges over which the state has no control. Within the limits of incorporated villages the state shall maintain a width of pavement equal to the width of pavement constructed or improved at the expense of the state, if a state highway, the location of the state's portion of such roadway within said incorporated limits to be determined by the center line of the roadway as shown on the plans on file with the department of transportation and the state shall be liable for damages to persons or property only when such damage shall occur as a result of the defective condition of the portion of improved highway as above described. § 2. This act shall take effect immediately and shall apply to any cause of action that accrues on or after such effective date.
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